sister paid statute barred debt

Chrysalis

My sister panicked when a bailiff came knocking, she was told she needs to pay within 7 days or get a ccj so paid up.

But this debt is over 14 years old without any acknowledgement or payments made.

As I understand payment can no longer be enforced but of course can be made voluntarily.

A solicitor even seemed to not realise this and told her to pay. I am awaiting to speak to this solicitor myself to hear her explanation.

There is a fair chance I dont have the full story, I have not seen any of the paperwork as apparently the solicitor has all of it not given any copies to my sister. Maybe my sister did make some payments making it not barred (and hasnt told me) or there is some other legal way they can enforce it. If there is ideally would like to know here.

Also I have told her to consider a chargeback as a big chunk of it was paid on a cc but not to do it yet as that may cause more problems than it solves, but obviously doing a chargeback and then trying to use the statute barred law to say the payment isnt required I am not sure what kind of shaky ground that would put her on.

Any thoughts?

Kentish_Dave

What grounds would you have for the chargeback? You still owed the money, even if it could not be recovered through the courts.

Gaz83

A statue barred debt is still owed. It just can't be pursued through the courts.

She has chosen to pay it, for whatever reason. She's not getting it back.

CakeCrusader

Gaz83 is totally right. A statute barred debt still exists, it just means they can't take the debtor to court.



In order for a bailiff to visit there needs to be a CCJ or a high court judgement (these are usually awarded after letters from creditors, then a letter before action, then a CCJ, then bailiffs to enforce it if the creditor has ignored the CCJ etc), so it's likely that you're only getting 1/3 of the story here as the details you've given aren't quite right. Suggesting a chargeback would cause her more problems, so maybe it's wise to speak to her, get the right info, and then go from there.

foxy-stoat

Chrysalis wrote: »

My sister panicked when a bailiff came knocking, she was told she needs to pay within 7 days or get a ccj so paid up.

But this debt is over 14 years old without any acknowledgement or payments made.

As I understand payment can no longer be enforced but of course can be made voluntarily.

A solicitor even seemed to not realise this and told her to pay. I am awaiting to speak to this solicitor myself to hear her explanation.

There is a fair chance I dont have the full story, I have not seen any of the paperwork as apparently the solicitor has all of it not given any copies to my sister. Maybe my sister did make some payments making it not barred (and hasnt told me) or there is some other legal way they can enforce it. If there is ideally would like to know here.

Also I have told her to consider a chargeback as a big chunk of it was paid on a cc but not to do it yet as that may cause more problems than it solves, but obviously doing a chargeback and then trying to use the statute barred law to say the payment isnt required I am not sure what kind of shaky ground that would put her on.

Any thoughts?

I think you need to move on, she owed the money, she paid it back.

If it was over 6 years from her last payment then you are correct, they cannot enforce it, but you still owe the money and can make voluntary payments, which she has done.

If she was given bad advice by all means pursue the solicitor, write a complaint if your sister must, but it wont go any where.

bigisi

Why do you think she shouldn't have paid it? It was obviously owed, this is maybe a lesson in meeting her future financial responsibilities.

DCFC79

Dont tell me your going to phone the solicitor and ask them why they told your sister to pay, good luck speaking to them but they shouldnt discuss it with you since your not her client.

SuperAllyB

Just out of nosiness, if the debt is/was statute-barred then does making a voluntary payment towards it reverse this or would any remaining balance still be statute-barred?

poppasmurf_bewdley

SuperAllyB wrote: »

Just out of nosiness, if the debt is/was statute-barred then does making a voluntary payment towards it reverse this or would any remaining balance still be statute-barred?

Once statute barred, always statute barred. A debt cannot be un-barred even if a payment is made following expiry of six years of non-payment.

MEM62

DCFC79 wrote: »

Dont tell me your going to phone the solicitor and ask them why they told your sister to pay, good luck speaking to them but they shouldnt discuss it with you since your not her client.

I suspect that the solicitor was not acting on behalf of the sister but was representing the creditor.

soolin

MEM62 wrote: »

I suspect that the solicitor was not acting on behalf of the sister but was representing the creditor.

Or since sister doesn't appear to have told the OP the whole story perhaps the sister also missed out all the important things when they phoned a solicitor in a hurry?